The Peoples Democratic Party
(PDP) and its candidate in the 2019 presidential election, Atiku Abubakar, have
told the Supreme Court to allow them access to a server purportedly used by the
Independent National Electoral Commission (INEC) to transmit Nigeria’s 2019
presidential election results.
This followed the rejection of
the request at the Presidential Election Petition Tribunal (PEPT) in a ruling
on June 24.
Atiku is insisting that he
defeated President Muhammadu Buhari at the polls, going by the results
allegedly got from the said central server allegedly owned and deployed for the
elections by INEC.
Atiku and the PDP, in the notice
of appeal, are contesting the tribunal’s ruling on four grounds.
First: They argued that the PEPT
was in error when “contrary to the provisions of Section 151 (l) of the
Electoral Act 2010 (as amended) they refused to grant the application of the
Appellants on the ground that it will amount to pre-judging the issue in the
substantive case.”
Second: They argued that the
tribunal was in error when it failed to exercise its discretion in their favour
despite sufficient materials placed before it.
Third: They faulted the tribunal
for allegedly denying them “fair hearing in gross violation of Section 36(1) of
the Constitution of the Federal Republic of Nigeria, 1999 (as amended), by
declining to grant the application of the appellants for access to information
in the 1st respondent’s custody thereby undermining the maintenance of the
petition” in the third ground.
Fourth: They argued that the
tribunal’s justices “erred in law when they failed to consider the
uncontroverted evidence of the appellants contained in their further affidavit
in support of their application for access and inspection of information in the
custody of the 1st respondent.”
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